Chapter 7 - Negligence and Strict Liability

Suppose in the case of Joe vs Carol that Joe suffered $100,000 in damages. The jury determines that Joe was 33% at fault for his injuries, and that Carol was 67% at fault for his injuries. In a comparative negligence jurisdiction, what would Joe receive in terms of a verdict amount?

$67,000

11. Amy loans Carlos a ladder knowing that there is a loose step and without any warning to Carlos. Carlos places the ladder on a patch of ice, the ladder slips, and he is injured. Which of the following is true regarding the liability of Amy, if any, to Carlos.

A. Amy is not liable because any wrongful conduct on her part did not cause the injury to carlos B. Amy is liable to Carlos based on strict liability principles because the ladder is considered a product under strict liability principles. C. Amy is liable to Carlos for negligence because she should have at least told Carlos about the step, and but for her loaning him the ladder, he would not have been injured D. Amy is not liable to Carlos because a person who voluntarily lends an item is immune from liability based on its use. A

14. From his office window, Ben saw a co-worker and friend, Jan, get hit by a car while crossing the street. Ben was very upset and, claiming negligent infliction of emotional distress, joined Jan's lawsuit against the driver. Assuming it is determined that the driver was negligent, which of the following is the most likely resolution of Ben's claim?

A. Ben will lose because the tort of negligent infliction of emotional distress is not recognized B. Because of the principle that a driver is liable for all damages proximately caused by his or her negligence, Ben will win regardless of whether he actually received mental health counseling so long as he testifies regarding serious emotional distress C. Ben will lose because he is not a close relative and has no other relationship ties with Jan that would lead to finding a liability to him on the part of the driver D. Ben will win so long as he can establish that he indeed suffered serious emotional distress from the accident such that he received mental health counseling C

18. The element of negligence that focuses on whether there is a casual connection between the plaintiff's injury and the defendant's negligent conduct is:

A. Breach B. Causation C. Duty D. Damages B

16. Products that are defective in such a way that it is not readily apparent to the buyer and endangers life or property are referred to as:

A. Negligently dangerous B. Unreasonably dangerous C. Proximately dangerous D. Punitively dangerous B

8. While jogging across a golf course, Ralph is hit on the head by a flying golf ball . Maurice, the golfer, failed to yell the customary term "fore" before hitting the ball which would have warned Ralph to beware of the ball. If Ralph sues Maurice for negligence, of the following options, which would be Maurice's best defensive measure?

A. Proximate causation B. Contributory negligence C. Assumption of risk D. Last clear chance C

13. Rebecca voluntarily goes for a motorcycle ride with Steve, who is obviously drunk. Steve drives the motorcycle off the road and crashes. Rebecca's leg is broken and she sues Steve for her medical expenses totaling $100,000. If Rebecca and Steve live in a mixed comparative negligence state and the jury determines that Rebecca is 80% liable for her own injuries.

A. Rebecca will recover $100,000 from Steve B. Rebecca will recover $20,000 from Steve C. Rebecca will recover $80,000 from Steve D. Rebecca will recover nothing D

12. Rebecca voluntarily goes for a motorcycle ride with Steve, who is obviously drunk. Steve drives the motorcycle off the road and crashes. Rebecca's leg is broken and she sues Steve for her medical expenses totaling $100,000. If Rebecca and Steve live in a pure comparative negligence state and the jury determines that Rebecca is 80% liable for her own injuries.

A. Rebecca will recover $100,000 from Steve B. Rebecca will recover $80,000 from Steve C. Rebecca will recover nothing D. Rebecca will recover $20,000 D

6. A conscious disregard for a known high degree of probable harm to another is known as:

A. Recklessness B. Battery C. Negligence D. Res ipsa loquitur A

10. Which of the following is true regarding a defendant who violates a statute and causes injury of the kind of statute was designed to protect against to a member of the group of people the statute was designed to protect?

A. The defendant is considered liable based on strict liability B. The defendant is considered negligent per se and is presumed negligent C. The defendant may be subject to a criminal charge but is not liable to the injured party under civil law principles D. The defendant is considered liable under the concept of res ipsa loquitor unless the defendant can establish comparative negligence on the part of the plaintiff. B

9. Which of the following standards is applied in regard to the duty element of a cause of action for negligence?

A. The law of negligence applies an objective standard of conduct to negligence actions B. The law of negligence applies a subjective standard of conduct to negligence actions C. The law of negligence applies an inflexible, but fair, standard of conduct in negligence actions D. The law of negligence applies the "model person" standard of conduct to negligence actions A

15. Res ispa loquitor literally means:

A. The thing speaks for itself B. The speaker is negligent C. The person is irresponsible D. The thing caused the damage A

17. Limits on punitive damages and damages for pain and suffering are examples of:

A. Tort reform B. Negligence reform C. Judicial reform D. Liability reform A

7. Which of the following exemplifies "ultrahazardous" activity?

A. Using explosives B. Investing in high-risk stocks C. Negligent supervision of staff D. Driving a tractor-trailer A

__________ is not a good defense to the charge of recklessness.

Contributory negligence

1. T/F Liability for negligence doesn't require injury to the plaintiff

False

2. T/F A negligent person is liable for all of the results of his negligence

False

True or false: If the defendant has breached a duty owed to the plaintiff, the defendant will automatically be deemed as the cause of the plaintiff's injuries.

False

The ______ (Second) of Torts, recognizing the "_______ " nature of proximate cause determinations, suggests that negligent defendants should not be liable for injuries that appear to be "highly extraordinary."

Restatement; after the fact

The tort of negligence contains all of the following elements. (Check all that apply)

The defendant's breach of duty was the actual and proximate cause of the plaintiff's injuries. The defendant had a duty not to injure the plaintiff. The defendant breached the duty not to injure the plaintiff.

3. T/F Most states have adopted a "pure" comparative fault system

True

4. T/F Persons may not protect themselves from strict liability by acting with the "utmost care and caution"

True

5. T/F In order to recover for negligence, intent to injure need not be established.

True

True or false: The defenses of contributory negligence and assumption of the risk are based on the idea that everyone has a duty to exercise reasonable care for his or her own safety.

True

Suppose Crista is standing on a street corner and is an eyewitness to a horrific accident: a car driven by Nick hits Marla (Crista's mother walking behind her in the crosswalk) so violently that Marla is decapitated and dismembered. Crista has a nervous breakdown at the scene and files a lawsuit against Nick for negligent infliction of emotion distress. What are all the possible outcomes? (Check all that apply)

Verdict for Crista because she was in the "zone of danger" Verdict for Crista because she witnessed the accident, Marla was her mother, and she suffered serious emotional distress as a result

Cause in fact is the ______ or ______ cause.

actual; direct

In intentional tort cases, defendants are liable for ______ that ______ result from their intentional wrongdoing, however bizarre and unforeseeable they may be.

all of the consequences; directly

The doctrine of res ipsa loquitur creates: __________.

an inference of negligence

Generally speaking, _______ is a good defense to strict liability claims.

assumption of the risk

If Mark decides to go bungee jumping off a bridge and the bungee cord made by Ricochet, Inc. breaks, sending Mark to his death, Ricochet could defend with the ______ defense.

assumption of the risk

The traditional defenses to negligence are: _______. (Check all that apply)

assumption of the risk contributory negligence

The best defense to reckless is the defense of: ______.

assumption of the risk because recklessness involves a high degree of fault

The defense of ______ is seen as fairer because it distributes the cost of the accident according to the degree of both the plaintiff's and the defendant's fault.

comparative negligence

Recently, manufacturers of _______ have been held strictly liable for products that are "______", or defective in a way that endangers life or property and is not readily apparent to buyers.

defective products; unreasonably dangerous

The impetus for 'tort reform' is the assumed "crisis" in the insurance industry characterized by all of the following: ______. (Check all that apply)

dramatically higher premiums refusal to cover certain activities reductions in coverage

A person may be guilty of a breach of ______ if he exposes another person to a(n) _______, unreasonable risk of harm.

duty; foreseeable

Generally, courts hold that if the intervening force was ______, the defendant will not be excused from liability.

foreseeable

Some courts hold defendants liable only for injuries that were reasonably ______, while others hold defendants only liable for injuries that occurred ______ of the foreseeable risk.

foreseeable; within the scope

Fearing spurious claims and "opening the floodgates of litigation," courts initially required some "physical ______" before recovery for emotional injury would be allowed.

impact

Courts also consider whether a(n) ______ force, which happens after the defendant's negligent act and contributes to the plaintiff's injury, should ______.

intervening; excuse the defendant from liability

Suppose that Joe fails to look both ways before he crosses a busy street and is hit by a car driven by Carol. The evidence indicates that Carol could have easily swerved to avoid him. Joe might still be able to successfully sue Carol for negligence under the doctrine of ______.

last clear chance

The defense of ______ holds that even though the plaintiff was negligent, she can still recover if it can be shown that the defendant could have avoided the harm.

last clear chance

If Hillary is walking down a street and breaks her leg jumping into the bushes to avoid being hit by a car driven by John, John is _______.

liable for Hillary's injuries

It is commonly said that ______, and that negligent persons should be liable to those who are injured while making a reasonable attempt to rescue someone endangered by the negligent person's act.

negligence invites rescue

Under the law of _______ every member of society has a _____ to conduct her affairs in a way that avoids injury to others.

negligence; duty

The law of ______ holds our behavior up to a(n) ______ standard of conduct.

negligence; objective

People who violate a statute are considered ______ because they are not acting as a ______ would.

negligent per se; reasonable person

If a person is negligent per se, he or she is ______.

presumed to be negligent as a matter of law

Generally, a negligent person is liable for only the ______ results of her negligence.

proximate

In proving a negligence case, the plaintiff must establish legal cause, which is ______ cause.

proximate

Regardless of what test for ______ cause the courts adopt, they generally agree that negligent defendants "take their victims as they find them."

proximate

The idea of placing a legal limit on the extent of a negligent person's liability is called ______.

proximate cause

To determine whether a defendant breached a duty, the court will ask whether the defendant did something a(n) ______ would not have done or failed to do something that same individual would have done.

reasonable person

For ______, the risk of harm must be significantly greater than the degree of risk that would make an act negligent.

recklessness

When a defendant's behavior indicates a "conscious disregard for a known high degree of probable harm to another," the defendant is guilty of ______.

recklessness

If a surgical sponge was left inside a patient's abdomen after surgery, this would be an example of ______.

res ipsa loquitur

When a plaintiff in a negligence suit voluntarily exposes herself to a known danger, the defense can claim that she assumed the ___________

risk(s)

Today, innkeepers have ________ duties to protect those who use their facilities from harm.

special

If Tom is "liable without fault," he is most likely liable for the tort of ______.

strict liability

The most recent major application of ______ is to manufacturers of defective products that are "unreasonably dangerous."

strict liability

Regardless of what test for proximate cause the courts adopt, courts generally agree that defendants ______.

take their victims as they find them

Generally, ______ determine(s) whether a person owes another person a particular duty of ______.

the court; care

The doctrine of res ipsa loquitur means ______.

the thing speaks for itself

Traditionally, strict liability was imposed for those activities that were considered abnormally dangerous or ______.

ultrahazardous

In some states, tort reforms have been ruled unconstitutional under the state constitution because they ______.

unfairly limit plaintiffs' right to seek redress in the courts for their injuries

During the Industrial Revolution, the legal system was forced to develop a new set of rules to deal with ______ injuries, which resulted in the law of _______, requiring people to take which requires people to take ______ to avoid injuring others.

unintended; negligence; reasonable care

If the plaintiff can prove the defendant breached a duty owed to the plaintiff, the defendant ______ be liable unless the plaintiff can show the defendant's breach ______ the plaintiff's injury.

will not; actually caused

Strict liability means liability: ______.

without fault

A growing number of courts in negligent infliction of emotional distress cases have allowed recovery _______ if the plaintiff suffered serious emotional distress as a ______ result of the defendant's conduct.

without proof of physical injury; foreseeable

Historically, plaintiffs have been denied recovery in negligent infliction of emotion distress cases unless they were within the "______" created by the negligent act.

zone of danger